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Councilmember Charles Allen Councilmember Brooke Pinto 2
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Councilmember Robert White, Jr. Councilmember Christina Henderson 7
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Councilmember Matthew Frumin Councilmember Vincent C. Gray 12
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Councilmember Brianne K. Nadeau Janeese Lewis George 17
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AN ACT 19
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 23
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To set requirements for nutrient-dense food served in correctional facilities, to require the 27
Department of Corrections to adopt the Good Food Purchasing Program, to strengthen oversight 28
of food and nutrition in correctional facilities, and to establish a task force to explore and 29
propose additional long-term improvements. 30
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32
act may be cited as the “Food Regulation Ensures Safety and Hospitality Specialty Training Aids 33
Re-entry Transition and Success (FRESH STARTS) Act of 2023”. 34
Sec. 2. Definitions. 35
For the purposes of this act, the term: 36
(a) “Correctional facilities” means the Central Detention Facility, Correctional 37
Treatment Facility, Central Cell Block, and any other facilities operated by or contracted on 38
behalf of the Department of Corrections to house incarcerated individuals. 39 (b) “Director” means the Director of the Department of Corrections. 40
(c) “DOC” means the Department of Corrections. 41
(d) “DOC detainees” means individuals who are incarcerated in the Central 42
Detention Facility, Correctional Treatment Facility, and any other facilities operated by the 43
Department of Corrections to house incarcerated individuals. 44
(e) "Good Food Purchasing Program's core values" (“GFPP’s core values”) means 45
the following 5 core values established by the Center for Good Food Purchasing for its Good 46
Food Purchasing Program: 47
(1) Local economies; 48
(2) Nutrition; 49
(3) Valued workforce; 50
(4) Environmental sustainability; and 51
(5) Animal welfare. 52
(f) “Nutrient-dense foods” means foods that fulfill recommended nutritional 53
standards identified by the USDA’s Dietary Guidelines for Americans as important components 54
of a healthy dietary pattern, including: 55
(1) At least two servings of dark green vegetables per week, at least one of 56
which is served raw; 57
(2) At least three servings of red and orange vegetables per week, at least 58
one of which is served raw; and 59
(3) At least one serving of raw fruit per day. 60
(g) “Task Force” means the Healthy Food in DC Correctional Facilities Task 61
Force established pursuant to this Title. 62 Sec. 3. Nutrition Goals and Standards. 63
(a) Starting January 1, 2024, DOC shall provide all DOC detainees with daily 64
meals that meet or exceed the federal nutritional standards set forth in the most recent edition of 65
the U.S. Department of Agriculture and U.S. Department of Health and Human Services Dietary 66
Guidelines for Americans, established pursuant to the 1990 National Nutrition Monitoring and 67
Related Research Act, approved October 22, 1990 (104 Stat. 1034, 7 U.S.C. § 5341 et seq.), 68
except: 69
(1) Where the Task Force develops and establishes independent nutritional 70
guidelines that meet or exceed the USDA’s Dietary Guidelines for Americans, DOC shall 71
provide meals in compliance with those Task Force standards; and 72
(2) Notwithstanding any general nutritional standards, DOC detainees who 73
have dietary restrictions or requirements based on health or medical need or religious or cultural 74
belief shall receive meals in compliance with such needs or beliefs. 75
(b) Correctional facilities shall: 76
(1) Serve nutritious and well-balanced meals, in compliance with 77
established nutritional standards, to DOC detainees; and 78
(2) Serve a plant-based food option as the main course to DOC detainees 79
who request a plant-based diet for medical, health, religious, or ethical reasons. 80
(c) DOC is strongly encouraged to procure food for DOC detainees in a manner 81
consistent with the GFPP's core values. 82
(d) Starting January 1, 2024, the Fresh Foods Fund shall be used to purchase 83
nutrient-dense foods to supplement existing funding for food for DOC detainees. 84
Sec. 4. Fresh Foods Fund. 85 (a) There is established as a nonlapsing fund the Fresh Foods Fund (“Fund”), 86
which shall be used solely as provided in subsection (c) of this section and administered by the 87
DOC. The Fund shall be funded by annual appropriations, which shall be deposited into the 88
Fund. 89
(b) All funds deposited into the Fund, and any interest earned on those funds, 90
shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia 91
at the end of a fiscal year, or at any other time, but shall be continually available for the uses and 92
purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject 93
to authorization by Congress. 94
(c) The Fund shall be used to purchase nutrient-dense foods to supplement any 95
existing contracts for food in correctional facilities to meet nutritional standards, as required in 96
Section 3 of this title, through food procurement aligned with the GFPP’s core values, and may 97
be used to provide monthly grants to indigent detainees for the purchase of commissary food 98
items. 99
Sec. 5. Good Food Purchasing Program. 100
(a) Before December 31, 2023, DOC shall conduct a Good Food Purchasing 101
Program ("GFPP") baseline assessment to determine how DOC can better meet the GFPP core 102
values. 103
(b) DOC shall use findings from the assessment required under subsection (a) of 104
this section to increase food procurement consistent with the GFPP's core values. 105
(c) Before December 31, 2024, and annually thereafter, DOC shall complete a 106
follow-up assessment to demonstrate progress toward the GFPP core values. 107 (d) The Mayor shall develop and publish standards, known as the Good Food 108
Purchasing Policy and consistent with GFPP core values, that the DOC shall use in making 109
decisions on the award of grants and contracts for operations and management of the DOC food 110
service program. 111
(e) After the effective date of this Act, all contracts for operation and management 112
of the DOC food service program shall: 113
(1) Be procured in accordance with the Procurement Practices Reform Act 114
of 2010, effective April 8, 2011 (D.C. Law 18 371; D.C. Official Code § 2 351.01 et seq.) and all 115
other applicable District law; 116
(2) Be consistent with the standards developed by the Mayor under sub-117
section (d) of this section; 118
(3) Where executed with external, non-governmental service providers, 119
provide for non-exclusive provision of services to offer flexibility to maximize food procurement 120
aligned with GFPP values; and 121
(4) Require that contractors and sub-contractors clearly itemize the 122
amount spent on food products separate from other services or administrative costs. 123
Sec. 6. Food Quality, Health and Safety Reporting. 124
(a) DOC shall make the following reports available to the public by publishing on 125
the DOC webpage within 30 days of receipt from the reporting agency or individual: 126
(1) Quarterly inspection of food service operations compliance conducted 127
by the Food Protection Branch of the Department of Health, or similar equivalent report; 128 (2) Monthly inspection of environmental safety and sanitation of the 129
culinary unit conducted by the Safety Officer of the DOC, or similar equivalent report; 130
and 131
(3) Quarterly inspection of food service operations conducted by the Food 132
Services Contract Monitor of the DOC, or similar equivalent report. 133
(b) The following inspections shall be performed in partnership with a Task Force 134
representative, as designated by the Task Force, and, if possible, unannounced to DOC 135
employees, contractors, or other representatives: 136
(1) Quarterly inspection of food service operations compliance 137
conducted by the Food Protection Branch of the Department of Health, or similar 138
equivalent inspection; 139
(2) Monthly inspection of environmental safety and sanitation of the 140
culinary unit conducted by the Safety Officer of the DOC, or similar equivalent 141
inspection; and 142
(3) Quarterly inspection of food service operations conducted by the Food 143
Services Contract Monitor of the DOC, or similar equivalent inspection. 144
(c) DOC shall provide a public annual progress report to the Mayor and Council 145
on the quality, health, and safety of food programs in DOC facilities and DOC’s 146
implementation of the Good Food Purchasing Policy during the preceding year, 147
including, at a minimum, the following: 148
(1) Food security screening of all DOC detainees; 149
(2).Assessment of DOC’s alignment with each of GFPP’s core values; 150 (3) All actions taken by DOC and its partners to advance each of GFPP’s 151
core values; 152
(4) Any citations received by DOC and its contractors during the 153
preceding year related to food safety or nutrition and associated mitigation plans; 154
(5) Data on food-borne illnesses and diet-related diseases and chronic 155
medical conditions among detainees, including frequency of medical visits categorized by 156
ailment or condition; 157
(6) Data on food waste in correctional facilities; 158
(7) Photos of meals served in correctional facilities; 159
(8) Quarterly surveys of detainees about food quality and meal delivery, 160
with questions designed by the Task Force and administered such that detainees may respond 161
anonymously; 162
(9) Qualitative data on detainee satisfaction with food in correctional 163
facilities; and 164
(10) Data on detainee participation in hospitality job readiness & training, 165
including number of detainees participating in job training compared to the number of eligible 166
detainees. 167
Sec. 7. Task Force. 168
(a) Starting no later than July 1, 2023, Council shall convene a task force, which 169
shall be known as the Healthy Food in DC Correctional Facilities Task Force ("Task Force"). 170
(b) The Chairman of the Council shall appoint a Council representative to the 171
Task Force. 172 (c) The Mayor shall appoint representatives from the following District 173
government agencies to the Task Force: 174
(1) Department of Corrections; 175
(2) DC Food Policy Council; 176
(3) Department of Health; 177
(4) Department of Energy and the Environment; 178
(5) Department of Employment Services; and 179
(6) Mayor's Office on Returning Citizens. 180
(d) The Mayor shall also appoint: 181
(1) One male individual and one female individual who was formerly 182
incarcerated in DOC facilities and has work experience in the food services or hospitality 183
industries; 184
(2) One male individual and one female individual who is currently 185
incarcerated in DOC facilities; 186
(3) An individual with expertise in researching or implementing food 187
policy in carceral settings; 188
(4) A representative from the DC Good Food Purchasing Coalition; and 189
(5) A registered dietitian. 190
(e)(1) The Task Force, in partnership with the DC Food Policy Council, shall 191
submit a healthy food in DC correctional facilities report to the Mayor and Council by July 1, 192
2024. 193
(2) The report shall identify implementable steps to accomplish the 194
following in 5 years: 195 (A) Establish nutritional guidelines and meal programs that support 196
detainee health, well-being, and religious and cultural identities; 197
(B) Transition towards a self-operated food service model, where 198
meals are cooked and prepared from ingredients within District government facilities; 199
(C) Establish or increase capacity of a hospitality and culinary arts 200
training and education program for DOC detainees, with an emphasis on increasing participants’ 201
economic stability and reducing recidivism by connecting participants with apprenticeship or job 202
placements and supportive services upon release; 203
(D) Increase healthy, affordable food options in jail commissaries, 204
with at least 70% of food options meeting established nutritional standards; 205
(E) Include an urban farm within the design of any new or 206
remodeled D.C. jail facilities, where any food produced that is eligible for consumption shall be 207
directed for consumption by detainees and any surplus food shall be donated to local food banks; 208
(F) Consider creation of a permanent, independent oversight body 209
for the Department of Corrections; 210
(G) Consider creation and use of a central dining area or other 211
mealtime facilities conducive to positive eating habits, serving food at appropriate temperatures, 212
and safety; 213
(H) Create a long-term procedure or focus group within DOC to 214
engage and regularly survey detainees regarding food served, meal delivery, and mealtime 215
procedures at DOC facilities, and to incorporate detainee feedback into the food program on an 216
ongoing basis; 217 (I) Introduce programming on nutrition and health education for 218
detainees of DOC facilities; and 219
(J) Other related goals at the discretion of the Task Force. 220
(f) The Task Force shall meet every 6 weeks until it submits the report required 221
pursuant to subsection (e) of this section. 222
(g) The Task Force shall not be considered a public body for purposes of 223
subchapter IV of Chapter 5 of Title 2. 224
Sec. 8. Hospitality Careers 225
(a) The Mayor shall establish a hospitality and culinary arts training program 226
(“Program”) for DOC detainees in partnership with existing hospitality and culinary arts career 227
training and education programs within 8 months of publication of the report prepared by the 228
Task Force, as provided by section 7(e). The Program should be established pursuant to the 229
recommendations set forth by the Task Force in the report prepared pursuant to section 7(e). The 230
Program shall provide hospitality career and culinary arts training and education opportunities 231
for DOC detainees, including, at a minimum, food handlers certification. The Program shall 232
identify employer partners to assist with apprenticeship or job placement for Program 233
participants upon release from DOC facilities and connect participants who are placed with 234
wraparound services, including life skills training, employment coaching, housing, and 235
healthcare. 236
(b) Part of the foods procured using funds from the Fresh Food Fund should be prepared 237
by DOC detainees engaged in the Program. 238 (c) All DOC detainees engaged in food preparation or related services shall be paid no 239
less than the living wage as established pursuant to the Way to Work Amendment Act, effective 240
June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 2-220.02 et seq.) 241
Sec. 9. Fiscal Impact Statement. 242
The Council adopts the fiscal impact statement in the committee report as the fiscal 243
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 244
approved October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1-301.47a). 245
Sec. 10. Effective Date. 246
This act shall take effect following approval by the Mayor (or in the event of veto by the 247
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 248
provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 249
24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of 250
Columbia Register. 251